Proff That A Man Accompanied Elsie Walker On the Motor Drive

NZ Truth, Issue 1209, 31 January 1929, Page 5

Proff That A Man Accompanied Elsie Walker On the Motor Drive

AS the matter now stands, there seems very little chance that the man who accompanied the girl will be discovered. Her death is a mystery, and is likely to remain so, unless, perchance, the secret is divulged m a death-bed confession, after being locked up In some conscience-racked mind. . That Elsie Walker's death is a mystery can be attributed to a large extent to a section of the Auckland police force. In his summing up, the coroner, Magistrate Hunt, made it clear that he held a'-.«i_nilar opinion, for he concluded K?3~ finding thus: "I very much regret that I find it taiy duty to draw attention to the way the police handled this case m its early fctages. , "The superintendent of police, i for Auckland; district was present throughout the inquiry. He must have seen, as 1 did, the mistakes that were made and tho inefficient way the enquiries were carried out. "I feel sure that he will see the

| necessity for holding an inquiry at once into the whole matter. "The public are 'entitled to better service from the police than they have received m this case. It is possible that suspicion may rest against a perfectly innocent man for the rest of his life. This might have been; avoided had prompt and intelligent enquiries be^n made.". This opinion expressed by the coroner echoes to a great extent the candid, if more forcible, opinion of the Average man m the street. The mystery of Jtlsie. . Walker's untimely end is an addition to the list of unsolved crimes m the Auckland

district. It indicates that something is wrong m the police force, and that the training of officers m the detection of crime is not receiving the attention it merits.. For an hour and forty minutes on the morning of January .22, Lawyer Northcroft addressed the court on behalf of his clients, the Bayly family, and his address was listened to most attentively by all who could crush into the small courtroom. Certain of the lawyer's remarks impressed themselves more than others upon the minds of his audience. He said that the inquiry had proceeded as if a trial for murd*r was being heard against one particular person, or a group of particular persons. The procedure savored very much of Continental methods; it involved serious suggestions against certain persons. The court had been a vehicle of public abuse, which was a pity, and weakened tlie value of the court. The Bayly family had been the victims of a police quarrel which

had divided it into two schools of •thought, declared Lawyer Northcroft. One section had treated, the suggestion that death had resulted from anything sinister as impossible, while the other section was definitely of opinion that it was a clear case of foul play. The legal man was indignant because he had -not been permitted "■ to peruse the report concerning Constable Jackson's evidence. ,' "' Though there was no evidence, of murder, he asserted, the proceedings had vacillated between an inquest and a murder charge, whereas there was no evidence of murder or violence. As for 'the medical .men who gave evidence, they were severely taken to task, and their supplementary report was the cause of much comment. The lawyer attributed this m part to the first-class sensation which had been made of the' mystery by a certain section of the press. (He did not name this paper on that occasion.)

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Coroner's Theory Is That Girl Encountered Thief , Who Took Her Away In Car SUSPICION AGAINST INNOCENT MAN NOT JUSTIFIED Strictures On Police Methods Justify "Truth's" Stand

(From "N.Z. Truth's" Special Auckland Representative)

LUCK has favored the man, whoever he was, who was last m the company of the unfortunate girl, Elsie Walker — luck, and a series of circumstances that are unique m the history of crime m New Zealand.. Without the assistance of- luck, no man could be sure of covering up every,' possible clue which might lead to his detection, over a period of 24 hours and a journey of over 200 miles. Coroner Hunt came to the conclusion that Elsie Walker's death was caused by a blow on the head, but the evidence given at the inquest, he said, did not enable him to determine whether the blow was accidental or homicidal.

There had been no intent to murder behind the blow .which Elsie had received on the head, he declared. "I have no evidence on which to return a verdict of murder against ' anyone," interjected Mr. Hunt. "It may have been accidental or homi- • cidal." - While admitting that it was improbable that Elsie Walker had driven the car to Auckland, Lawyer Northcrof t did not think it Impossible. The evidence that she could "drive was slight, but there was such evidence. He even suggested that she had practised "on the quiet," and that her companion was somebody she had picked up on her way. . , It was equally 1 clear that her departure was voluntary, and he asserted that there ■ were definite indications that the girl had made arrangements for something on that Monday night. The garbage tin had been simply a blind to cover her actions from the family, and the door was- shut to give her a warning if it were opened. That a person could have taken the girl's body all that distance and dumped it, the lawyer described as grotesque. As for the Bayly family, there was no motive for any one of them to do Unjust Suspicion the girl an injury. They all liked her. The letter to her father banished the idea that there were any heartburnings on the part of Elsie for Bill Bayly. That Bill had been m any way concerned m the matter, said the lawyer, was grossly improbable. All his movements had been checked by the police. I Lawyer Northcroft traversed the details of Bill's movements on the Monday and Tuesday at considerable length. As for Bill being at Te Puke, or- in the district, about October 1, it was fantastical to think that he could have been there unobserved. And had he not just married, his young Avife? "It would be interesting to know where the suspicion concerning Bill originated," remarked the lawyer, and he asserted that attention had been drawn to it by the attitude of a certain section of the press. If this allusion to a section of the press refers to "N.Z. Truth," it is apposite to state here that no suggestion of such a nature has ever been made by this paper. Lawyer Northcroft went on to blame Constable Jackson and village tittletattle for the unjust suspicion attaching to Bill Bayly. That the young man's father's conduct had aroused

suspicion would be given the lie direct, continued the lawyer. Had not the police officers said that the Bayly family had done everything possible to assist the police? Insinuations regarding Bill's character apparently had been built on his acquittal, m previous proceedings, when the judge had said that there was no case to answer and had """>" ||I '" I ' I "" I ")""" ,] n>i"i'">>""

directed the jury to acquit. "There is not the slightest suggestion that Bill does not enjoy as good a character as anyi one m the court," said Lawyer Northcroft. The coroner wa. invited by counsel to find that there was no evidence of any. sinister act, or any improper act, whatever on tho part of any one of the Bayly family. The cause of death was clearly unknown. When Lawyer Northcroft concluded his address, Lawyer Meredith addressed the court. He took the Baylys' counsel to task for several imputations m the latter's address, especially those which related to the evidence of Constable Jackson. He declared that Lawyer Northcroft had tried to make some capital out of the evidence given by the Te Puke constable and the lines that the inquiry had taken. It might have been fairer if Lawyer Northcrpft h a. d taken into consideration Mrs. Bayly's unqualified withdrawal of her former failure to recognize certain of Elsie's undergarments, before Detective Bickerdike went into the witness-box, and have .set this against his imputa-

tions regarding the constable and certain other phases of the case. "If the inquiry has caused . embarrassment to any people, that was their misfortune," said the Crown Prosecutor, "but it was no reason why questions should not be asked. It is the duty of those concerned m an inquiry of this nature to make the < fullest possible iniimiiiiiiiiiiiiiimiiimiiiiiiiiiiiiiiiiiiiimiii vestigations. lt was

essential that every question wh ich might help to clear up the mystery of the girl's death should be asked." m concluding his address, C r o w n Prosecutor Meredith remarked:: "It is not njy place to comment on' the matter." Three days later, on January 25, the coroner announced, his finding, and m doing so summarized the salient feai tures of the tragedy m a graphic manner, as follows: — "The deceased, Elsie Walker, was a well .-" developed, healthy girl of seventeen years of age. She has been living for about, twelve, months with her uncle and aunt,, Mr. and 'Mrs. Frank' Bayly, at Papamoa. She received a small wage and assisted m the household duties. . "On Monday, the Ist October, 1928, there were present at dinner at Papamoa, Mr. and Mrs. Bayly, their four sons — Trevor, Godfrey, Tom and Charles — and a relative who had arrived that day — J Miss Audrey Bayly — and Elsie Walker. "The eldest son, William, had - left home permanently about a fortnight earlier. "Dinner was over at about 7 p.m. and Elsie Walker, assisted by Tom, washed up. The others went into

the billiard sitting room and Tom joined them later. Elsie did not. "About 8 p.m.. Audrey Bayly left the sitting room for a glass of water. Elsie Walker gave her a glass. This was m the kitchen. That is the last time Elsie Walker was seen alive. "At 8.30 p.m. Codfrey went to bed. He says Elsie was not m her room and he did not see her m the kitchen. Trevor spent, the evening out. . "The other members of the family chatted m the sitting-room until about 11 when they went to bed. Nothing unusual attracted their attention that evening. "There were three dogs on the farm — one tied up near the garage and two at the back of the house. Had a stranger been about one might have expected that they Would have barked and attracted attention, but they did not. "Trevor returned home at about 2 a.m. It was a moon -light night, and he saw that the gates were open and that the motor-car was gone. He did not tell his parents till the morning. Then it was found that. not only was the motor-car missing but Elsie Walker was gone, too. „. * • "Later it was found that "kl had Money Missing been taken from Audrey Bayly's handbag and £3/15/- from Mr. Bayly's. ■ trousers which had been hanging up in' a spare room. The car key had been taken from Mrs. Bayly's vroom, and a cheap silver watch from one of the boy's rooms. "That same morning} Tuesday, the 2nd October, the car was found desert., ed m Station Road, Papatoetoe, close to the Great South Road. It had been driven" 200 miles during the nignt. Tliere was still petrol m it and it was m good order, wnich shows that it had been deliberately abandoned and not deserted because it could travel no further. "On Friday evening, the sth October, the body of Elsie Walker was found under some shrubs and bushes m a scoria paddock at Panmure, near Mt. Wellington, 8 miles from the deserted car. Only the feet of the dead girl were projecting from the bushes. "She was dressed just as she was when last seen at Papamoa. She had her house dress on, an apron m front of it, sand shoes, no hat. She had on, though, a boy's overcoat, which belonged to Godfrey Bayly. No money

was found on her, nor was the missing watch. "Her dress and clothes were stained. These stains were examined by a bacteriologist and conclusively prove that a man had been with her. These stafns were not on her dress at dinner on the Monday. She did hot wear an apron at that meal and they, would have been clearly visible and would have been sure to attract notice. "Tho post-mortem examination of the body was made by Drs. Murray and Gilmer, two of the most experienced pathologists m the Dominion. This examination was an exhaustive one. "They say that there was no evidence as to the actual cause of death, 'but m their opinion death was due to no natural causes, poison or ex_|kustion, but was probably caused' by "concussion following a blow on the head. They had found, on reflecting the scalp near the top of the skull on the right side, a small area bruised. This bruise was recent and anti-mortem and the brain was much congested, tnis congestion not being a post-mortem coh-

gestion. They also, from ari examination of the food m the stomach, came to the conclusion that the girl died about four hours after a meal. "The evidence that I have heard satisfied me that the deceased was an honest and a good girl. "She had money owing to her by the Baylys. She had a few- shillings m her purse which was left at home. She could have had any money she wanted from her father. . I' do not believe that she stole the money or the watch. "I have seen' tne ground plan $£ the home, and it would be a simple matter, while the family; Avere m the dining room at one end of the house, for a person to take the money, from the- room which was at the other end of the house. "Tne girl did not intend to leave the house for long, or she would have been differently .dressed, • or taken other clothes with her. ;

"The evidence also proves that the deceased could not drive a car. A man drove it. He had to change a wheel on the road — a' task which was beyond the ability of the girl. "I am of opinion. that either the girl discovered a thief m the yard, and he struck ..her, rendering her unconscious, and took her away with him m the car, or he induced her — which I think the more .probable — to accompany him for a short run m thenar, and then attempted to assault her/ during which at- -.'.... tempt she received an injury to her head. -■"'■' '."The. man ;droVe on through the night, hoping against hope that she might recover. When she did hot he feared to stop till he decided on a place ; to conceal the v body. . He drove to the i quarry road and hid the body. The — iposition of the body with the coat pulled up_ at the back of the head proves to me then that he pulled; the body under the shrubs; Then he drove the car as far away as time or light would allow— eight miles, to Papa- .

toetoe— and either walked or caught an early bus or train to Auckland. "Who that man was there is not I sufficient evidence for me to say. "My finding is that the 'deceased, Elsie Walker, died about the first day of October, 1925, somewhere between Papamoa and Auckland, and that the cause of her death was concussion following a blow on the head, b,ut whether that , blow was accidental or. homicidal there is .no evidence, -for me to .. determine." J„XJZ-